Irving DWI Attorney

If You've Been Charged with a DWI or DUI in Irving or Coppell Texas, Speak With Attorney Michael Grossman Today

A lot of people are stopped, booked, then bond-out for DWI offenses in and around Coppell and Irving. But a charge of driving while intoxicated is far from a conviction of this offense, even if sometimes it seems that way.

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If you have been charged with DWI in the northwest Dallas County suburbs, then a skilled, seasoned DWI attorney who has spent time in the Dallas County courts can be of valuable ally to you: one who is intimately familiar with your county’s criminal courts, procedures, idiosyncrasies, and also well-known to your prosecutor. This is the sort of legal counsel who and can secure the best possible resolution to your case; even if you are guilty.

Now, any attorney will take your money, hold your hand through the legal process and then hope alongside you for a lenient sentence. But does that actually offer you the best chance for a favorable outcome? And even if the latest high-tech DWI detection device says you were drunk behind the wheel, is the data correct? Police officers, prosecutors, judges and juries accept that it is. But that isn’t always necessarily the case. You need an attorney who can also be your tireless advocate; someone who will treat your case like it matters. Michael Grossman and the Dallas County DWI lawyers at Grossman Law Offices approach every case like the unique situation that it is. We devote our time and insight to every client’s situation and do whatever we can to deliver the best possible results.

A DWI conviction will bring with it sizable fines and even the loss of your driver’s license. But depending on the facts of the case and the outcome, especially if you are legally under represented, you could be looking at possible prison time; maybe even a long stretch if you caused an accident that injured or killed someone else. But even if you dodge that bullet, your problems don’t stop with the “stink of a DWI conviction.” This black eye on your record is certainly likely to cause problems in your professional and personal life, today and in the future. To not hire the best attorney possible for your legal challenge, nor devoting your own maximum effort to defending yourself will only bring sadness and regret to you and your family. For over 20 years, the Coppell, Las Colinas and Irving DWI attorneys At Grossman Law Offices have been dealing with all types of DWI cases in northwestern Dallas County and all over the Metroplex.

But in order to be an effective client, you must be informed and have an effective understanding of the essentials of DWI, its defenses and the consequences of a guilty verdict. All are essential if you are to hire the right attorney. Knowledge is power. It also enables you to ask the right questions of your prospective lawyers and make the right choice of the attorney you feel most comfortable with: who you feel is the one to trust with your future; and that of your family; because you’re in real trouble. And if this is not your first DWI offense, your situation is even more threatening.

DWI trials are unique due to the nature of the alleged offender. Most of them are not an intentional, hardened criminals who uniformly hurt others with their actions, DWI defendants are everyday people who just made one (or a series of) unfortunate bad decisions: and now they’re a criminal suspect who - before bonding out - have shared a jail with robbers, rapists, burglars and other habitual law violators. That experience alone is enough to scare many DWI suspects straight. Alcohol impairs mental and physical ability no matter who you are or how accustomed to the consumption of liquor you may be. Anyone can drink too much and then lose the ability to reasonably decide if they can safely drive home.

While anyone who drinks can potentially be charged with a DWI, they’re still treated as pariahs by the prosecution and the public from the moment they are charged. This is mostly due to the aggressive campaigns of MADD and other public interest organizations. And cracking down on drunk drivers has become a popular political cause these days. So the stigma of being charged or convicted of DWI is even greater than it was a few years ago. Anyone convicted of DWI – even first offenders in some circumstances - can be hauled-off to prison. And virtually everyone must pay hefty fines, fees and other penalties designed to take even another pound of their flesh. The chances that you will hear the words “not guilty” or even obtain an acceptably lenient sentence without a Las Colinas and Valley Ranch DWI attorney going to bat for you are very slim. To find out more about how we can help you, call us now for a free consultation at 1-855-427-0000 (toll free). We guarantee confidentiality and give you the opportunity to question a knowledgeable expert about your situation. We can clarify any legal issues to your full understanding and share our view of your best legal options with you.

How the Criminal Law Essentials Impact All DWI Cases

Before going into the specifics of the laws involving drunk driving, it helps to first explain to you some of the basics of criminal law so you have a better understanding of how things work and serve as a foundation. To protect against unlawful prosecution, all citizens of the United States are given certain rights by the Constitution; most notably its first 10 amendments; known as the Bill of Rights. When police gather evidence, they must respect these rights. As the prosecution tries to prove its case against you “beyond a reasonable doubt” it too must not trample on your rights if it hopes to deliver a conviction.

However, so long as towns, cities, counties, and states refrain from infringing upon those constitutionally protected rights, they can create their own rules and regulations for governing their own communities. Speed limits are the easiest ways to illustrate this practice of “variable community standards.” When you drive east out highway 80 or Interstate 20, the speed limit often rises as high as 70 mph or drops as low as 55. Each community along that highway has the right to establish its own speed limits within its jurisdiction and the amount of the fines to impose when people violate those laws. When you get a speeding ticket, you must go to the court to fight the ticket or follow whatever procedures it has for mailing in payment or a request for defensive driving.

No matter what type of court a case is being tried in, there are always unique procedures specific to that venue. It’s almost as if each court has its own distinct personality. The purpose of all of these criminal courts is to deliver justice. But every jurisdiction has its own flavor, and every judge his or her own way of doing things. One could compare it to the differences in 7-11’s to better grasp this concept. The one in your neighborhood has subtle differences than others in different neighborhoods around the state. While all 7-11’s are all part of the same corporation, all are discretely different from the other. One will have the Slurpee machine in one corner, and the next franchise might have it in another. In some of them, the hot-dog grill is manned by an attendant, and in others it’s self-served. Some 7-11’s sell beer, and others are located in dry neighborhoods so they cannot. In some locations, the help is attentive and competent, and in others, they hardly understand English at all.

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The same can be said of each court in any county in which a DWI case may be tried. The procedures of each court and the punishments it doles out often vary, depending upon the community (and the makeup of the jury that will sit in judgment of you if your case eventually ends up going to trial). When you are charged with a Dallas County DWI, you need a Dallas County DWI lawyer who has spent time in our county courts courts and has perfected his approach to the account for the nuances of each individual court, and is also known to the prosecutors, as well as the judges who will approve any settlement or hand out the penalties if the verdict ends up being guilty.

Keep in mind, a guilty verdict comes with huge monetary losses, a massive hit to your reputation, and the possibility of jail time. Granted, you can fight the charges, but should you? In many DWI cases, the defendant would be wise to negotiate a plea agreement instead of taking a case to court. And we’ll talk about the value of a plea negotiation over that of a jury trial further in a couple of minutes.

How an Irving and Coppell DWI Lawyer Can Help You with Your Case

In most DWI cases, rare are the instances where justice is black and white. Courts often see the expediency of living in “the gray,” particularly when it comes to applying punishment. Criminals should be disciplined according to the threat they present to society. So a wide range of penalties are possible that ostensibly fit any particular crime and often reflect a distinction between the habitual criminal and the first-time offender according the degree of the offense. For instance, when a judge or jury has the discretion of applying a sentence of between two and ten years in prison, only the most dangerous criminals will be given the full amount. Until your attorney forces the state to recognize the circumstances of your offense, the prosecution will always assume the worst and seek the maximum sentence; especially if the defendant is represented by an inexperienced, lawyer or an attorney who is unknown to them.

When you hire Grossman Law Offices, our DWI attorneys will make sure the Dallas County court views you as the person you are: someone who just made a solitary - and probably dumb - mistake. Once you contact us, the first thing we’ll do is listen – without prejudice – to you tell the story of what happened during your DWI in your own words. We cannot insist enough that you be completely truthful, or we won’t be able to mount the best defense possible. You’ve heard parents say to their children “tell me now before I find out later.” There is a quid-pro-quo that is essential to successful outcomes in DWI offenses. The client tells the complete truth to his attorney, and the lawyer can then mount the best defense possible. And no matter what you tell us about your case, we’ve heard worse and are not the ones who will sit in judgment of you. Your defense attorney must know nothing but the truth; or he is of little use in your fight for freedom.

Once you’ve told us your story, we’re going to want to find out what the prosecution has to say about the case and take a look at the evidence they have against you. In a trial of any kind, both sides must share all of their evidence with the other. This is known as the discovery phase. This process can be easily drawn out. But our excellent reputation in the Dallas County courts and familiarity with individual county prosecutors eases the communication and streamlines the process of learning how strong their evidence is and what sentence they’re likely to pursue.

Then, when we know how your side of the story meshes with the prosecution’s evidence, we can devise the right strategy for how to move forward with your case. It can take months between your indictment and trial date. Often, many motions that affect your case are filed and argued in what are called preliminary hearings in which you might not need to appear. As we execute your defense strategy, we will make sure you are kept abreast of every development along the way, as we pursue the best possible resolution to your situation.

DWI Plea Bargains vs. Jury Trials and Other Options

Of course, you have something to lose at trial – your reputation, your money, and even your freedom. But, you might not realize the prosecution is at risk, too. A few losses can negatively affect a prosecutor’s reputation, and too many will lead to the district attorney’s office looking for a new prosecutor. This is not necessarily fair for the prosecutors, because their case is based on how well the police have investigated the case and whether it was done thoroughly and legally. If the arresting officer did not take care to make sure the defendant’s rights were protected, or if insufficient evidence was found to warrant a conviction, or the officer did not protect the “chain of evidence” the prosecutor’s reputation takes just as much of a hit as the arresting officer. Even when the prosecution has evidence, like a failed breathalyzer test, a clever attorney could get the jury to question the validity of the test or exclude it altogether. The prosecution needs to guarantee a statistical win, so it has just as much incentive to negotiate a plea agreement as the defendant. But prosecutors must negotiate an “apparent” win without giving back too much to the defendant in return for getting “any guilty conviction” in return for the thousands of dollars a DWI trial will cost Dallas County.

Registered voters are randomly chosen every week to report for jury duty. When they show up, it’s often reluctantly. You have probably been called for jury duty in the past and probably hoped to get out of it. Just like you, those empaneled citizens can think of a hundred better things they’d rather be doing than sit inside a courtroom and listen to a bunch of lawyers arguing your case. Juries alone are enough to explain why a trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around one-in four DWI cases eventually end up in court. Being forced to argue a case in front of a jury is the law’s answer fingernails on a chalk board.

As we’ve already mentioned, if you mislead your attorney about the facts of your case, then you’re only doing yourself a disservice. Your lawyer can’t devise an adequate strategy based upon lies or half-truths. Your attorney is the last one you want to have in the dark when it comes to the truth of your situation. And anything short of full disclosure to your lawyer will only seriously harm your chances of securing the best possible outcome to your case. If the prosecution doesn’t have much evidence, then you may want to go to court to force an acquittal. If the police have really dropped the ball when gathering evidence, the charges may even be dropped, enabling you to expunge all mention of any alleged DWI from your record.

But generally, when it comes to most DWI offenses, the chances of the charges being dropped are not a realistic hope. Law enforcement agencies have developed sophisticated detection methods over time, and have acquired some sophisticated tools which are designed to produce viable, even airtight, evidence against you. And most police officers follow these procedures religiously. In all likelihood, the police officer positioned his vehicle to capture the entire roadside exchange on tape, and your drunken behavior has been documented, possibly with not only a dash cam in the police unit, but another that is clipped to the officer’s shoulder. You were certainly asked to take some sort of Blood Alcohol Level (BAC) test. Whether you refused to take it or if you failed it, the state probably (but not always certainly) has evidence against you. You also must remember that the judge and jury are likely going to color you in a negative light before they even hear the evidence against you because most people do not hold drunk drivers in high general regard. In this case, it’s likely in your best interests to pursue some sort of plea agreement that is acceptable to prosecutors and the court.

If you agree to a plea bargain, then the prosecution has far more incentive to agree to a sentence involving deferred adjudication than they would be after a costly trial; especially if you are not a repeat offender or there was not an accident involved, or if some aspects of the case suggest that – once the prosecutor has an easier conviction – leniency becomes more appropriate in his or her mind. Prosecutors (and judges) are people too and they know some defendants make mistakes of omission rather than commission; especially first-time offenders who have good driving records.

And it’s even possible if you are a first time offender, and once you complete the prescribed community supervision period, that you might qualify for deferred adjudication and the charges could be officially expunged from your criminal record, even if you can’t hide it from your insurance company. So you’ll have to deal with higher rates for as much as 10 years.

Again, it’s critical that you remain truthful with your lawyer, or there is very little point in having one because you’re bootstrapping the very person you are paying to help you out of your predicament.

Types of DWI Cases and the Penalties That Accompany Them

While challenging to win, it’s possible to secure an acquittal in DWI cases. All you need is the right balance of circumstances and an aggressive and skillful Southeast Dallas County DWI attorney. The next few paragraphs are an explanation of the various kinds of DWI cases, which will give you a better idea of whether or not the circumstances of your case could lead to a not guilty verdict.

We all generally understand and accept that it’s illegal to drive a car while drunk. But, what does he law consider drunk to be? The term “intoxicated” – relative to drunken driving – has two definitions. A person can be ruled intoxicated:

• If his or her blood alcohol concentration (BAC) is greater than .08 percent.
• Or – if that BAC is not over .08 – if he or she loses “normal mental and physical” abilities due to the use of drugs, alcohol, or any combination of controlled substances while behind the wheel.

You’ve seen examples where some medications come with the warning not to drive or operate heavy or dangerous machinery after you have taken certain prescription drugs, either by themselves or in combination with alcohol, hence, the latter classification.

Without a doubt, the second definition of intoxication is far more subjective and open to interpretation. Over time, this standard has come to apply only to what is normal for the particular driver in question and not what is normal for all drivers. But this creates a logical conundrum: “How can a police officer know what normal is for you, in order to make this determination of whether or not to charge you with DWI?” So this relative question of legal intoxication can become a point of contention on which to base a DWI defense if there is an absence of objective evidence.

Now, you see why police officers are so reliant on breathalyzers and other BAC tests because they’re trying to secure evidence that can lock down a conviction that is based on arbitrary –rather than relative – evidence. The second standard is far too debatable to stand on its own in court. Moreover, a BAC test can be important in assessing the correct fines on the offender. When someone has a BAC of .16 or greater, he or she must pay an annual surcharge of $2,000 for three years to retain his or her driver’s license, but for any DWIs featuring a BAC of less than .16 percent the surcharge is only $1,000 for three years.

If you have been charged with some form of drunken driving offense, the Irving and Las Colinas DWI attorneys at Grossman Law Offices can help deliver the best possible result no matter if the case against you relies upon a blood test, a breath test, or just the subjective opinion of a law enforcement officer.

Texas DWI Penalties

In order to cope with the many kinds of criminals, Texas courts allow for a wide array of punishments in DWI cases. The severity of these punitive measures depends upon:

• The circumstances of the DWI offense.
• The defendant’s previous DWI history.
• If an accident was caused by the DWI driver.
• And the degree of injury to the occupants of the other vehicle.

Here is a list of all of the various DWI offenses, and the spectrum of punishments that can accordingly be assigned:

First-time DWI

This is categorized as a Class B misdemeanor, and convicted offenders can receive up to 180 days in jail, a $2,000 fine, and a driver’s license suspension ranging from 90 days to one year. If the person's BAC (blood alcohol concentration) is at or above .15%, the charge is automatically bumped up to a Class A misdemeanor.

Second-time DWI

For a repeat offender, the DWI jumps to a Class A misdemeanor, which carries a maximum prison term of one year, a maximum fine of $4,000, and a driver’s license revocation of up to two years. .

Third-time DWI

Classified as “revolving door drunken drivers,” these offenders become felons upon the third conviction, which is classified as a third degree felony. It is punishable by a maximum sentence of 10 years in prison, a maximum fine of $10,000, and a mandatory driver’s license suspension of two years once they are released from imprisonment.

Open Container Laws

When someone convicted of a DWI also has an open container with alcohol in the car, he or she only makes the punishment worse, adding an additional fine of up to $2,000 and a minimum six days in jail. The Texas Open Container law was recently modified to include any passenger inside the vehicle from the old standard of only a passenger in the front seat.

Intoxication Assault

The purpose of the court is to protect society, so punishments get harsher when a drunken driver physically harms others in an auto accident. This is known as intoxication assault and is a 3rd-degree felony and carries the same punishment as a third-time DWI: a prison sentence of between two and ten years and a $10,000 fine, in addition to mandatory driver’s license suspension of two years once they are released from imprisonment. .

Intoxication Manslaughter

This is doubtlessly the worst “negligent” DWI offense. It’s a 2nd-degree felony in which someone dies in an auto wreck with a drunken driver. Any driver convicted of this offense can receive as much as 20 years in jail and a fine of $10,000. But on rare occasions, if a drunk driver maliciously and purposefully causes an accident that kills people, an argument can be made that this is a capital offense, which is a first-degree felony.

Testing for Blood Alcohol Level in Texas DWI Cases: Effective but not Infallible

This section surrounds what happens between the time you are stopped for suspicion of DWI and you find an attorney to represent your case and bail out of jail.

The first rule of how to respond when pulled over under suspicion of drunken driving is a very simple one. Actually, there are two:

• Don’t panic and keep quiet unless you are asked a direct question by the police officer.
• And then keep your answers short, on-point and respectful. It doesn’t pay to lose your cool or get angry with the police officer even if you haven’t been drinking.

You will be asked to get out of your vehicle and submit to some field sobriety tests if the police officer suspects you might be intoxicated after he or she asks you a few questions or smells alcohol on your breath. Remember, the definition of intoxicated pertains to what you would normally be able to physically do when you are not drunk. So, if you honestly feel you couldn’t pass the field sobriety test when sober, then you can decline to take it. For instance, somebody who has dyslexia will have trouble reciting the alphabet, let alone doing it backwards while standing on one leg. This person would have every right to decline to do such a test when asked. Or maybe you have been taking prescription medicine ordered by your doctor which might lead a police officer to suspect that you are driving drunk, even if you are not intoxicated. Even so, in the eyes of the law, refusal to take a field sobriety test strongly suggests to the uninformed officer that you are intoxicated.

However, before choosing to decline field sobriety tests, you should remember that there is a significant downside that comes with your refusal. When you decline one roadside sobriety test, the officer will then ask you to take another. Officers have been trained to then request a breathalyzer from anyone who repeatedly declines to perform field sobriety tests. Citing concerns over the accuracy of these tests, you can refuse the breathalyzer too, but this has an even harsher consequence. Once you decline a breathalyzer, your driver’s license is immediately suspended, and you will be placed under arrest. At the jail, you will be given the opportunity to take a blood test. If you refuse that one too, then the officer may attempt to get a warrant to draw your blood without your consent. However, in the middle of the night when most DWI traffic stops occur, the officer is not necessarily likely to be able to find an available judge.

And yet, this delay in securing a warrant might disappear entirely depending upon the time of year and the circumstances. Certain judges in certain jurisdictions authorize warrants to take suspected drunken drivers blood without their consent for the purposes of BAC testing on certain holiday weekends when drunkenness is common – New Year’s Eve, Christmas, and the Fourth of July. And occasionally Irving and Coppell might assemble short-term DWI task forces in which judges are available all hours of the day and night to sign warrants for drawing your blood. Thus, they may very well be testing your BAC whether you like it or not. This problem is even worse for anyone who has been abusing illegal drugs to celebrate the holiday weekend. A breathalyzer test would not reveal this illegal behavior, but a blood test surely will.

The upshot of this entire process is that the tools exist that can catch DWI offenders dead-to-rights, but the procedures for securing that evidence is open to interpretation, not to mention the actions of aggressive law enforcement officers who might be willing to risk circumventing the Constitution in order to secure a conviction. We won’t speak directly to that but we’ve seen some law enforcement officials play “fast and loose” with the evidentiary rules in DWI cases. And that might be a factor in yours.

If you have refused a BAC test or failed the one you took, then you need a seasoned and knowledgeable Coppell and Valley Ranch DWI attorney like those at Grossman Law Offices protecting your rights. We will make sure any evidence that was used against you was obtained legally and your rights were safeguarded throughout the entire legal process.

Medical Testing that is Designed to Prove DWI: Most of the Time it is Reliable. But on the Other Hand…

As we have told you already, .08 percent BAC is the established legal limit for intoxication when driving any motor vehicle (or are accused of public intoxication if you are not behind the wheel). What this actually means is that the blood pumping through your veins has become .08 percent alcohol as a result of what you have had to drink. Tests have shown that .08 percent BAC is the legal standard at which your normal physical and mental abilities allegedly become impaired. This is the point the State of Texas has established as the universal legal limit. Currently there are three ways of measuring BAC:

• The number of grams of alcohol per 100 milliliters of blood.
• The number of grams of alcohol per 210 liters of breath.
• The number of grams of alcohol per 67 milliliters of urine.

Unless you happen to carry a breathalyzer around with you, it’s virtually impossible to monitor your own BAC as you continue to drink. The government’s methods of detecting your BAC level are more reliable than self monitoring, but they’re still far from perfect. All of the modes for measuring BAC base their formulas on the norms for an average human being. So by one testing method, your BAC may be well over the legal limit, but by another you might not even be considered intoxicated. For example, a breath test could detect a BAC of .07 percent, while a blood test rates the same person’s BAC at .09 percent. While it will be hard to prove in court, any police officer can arrest you for a DWI without testing your BAC. The officer can always claim that your “normal mental and physical” abilities were impaired; even though that’s very difficult to establish beyond a reasonable doubt because that suspicion is mostly subjective. So essentially, due to the variable results of these three tests, the actual arrest is based more on the suspicion of the officer which is then – he hopes – backed-up by the data gleaned from any or all of the measurement tests.

Breathalyzer Inaccuracies

Elapsed time only further clouds the reliability of all BAC tests. In order to prove that a driver is guilty of a DWI, the state must establish that the offender was intoxicated while he or she was actually driving. For practical purposes, BAC tests are usually not given until 45 to 90 minutes after the driver has been stopped, rather than immediately. But the moment a person stops drinking, his or her body begins to recover and BAC levels move towards the normally accepted levels.

While not a large amount of time in the greater scheme of things, an hour can have a massive effect on the driver’s BAC; especially if their blood alcohol level was in the .08 level to begin with. During that time the driver’s body is processing alcohol through its system. Some people do this faster than others, with several facets of the driver’s body make-up and behavior impacting the process such as: the weight of the driver, the speed at which the driver was consuming alcohol, the amount he or she had to eat that night, the various kinds of alcohol that he or she drank, and the consumption of illegal drugs.

Depending upon the driver and the circumstances, a delayed BAC test could either help or hurt the defendant. It’s possible after being stopped that a driver could naturally flush some of the alcohol in his or her blood and system through urination, which can be difficult (but not impossible) once the driver is in-custody. This allows his or her BAC to drop below the level of being legally intoxicated when the driver was in fact drunk at the time he or she was pulled over. And in the grand scheme of things, if you are administered a BAC an hour after arrest that is .07, conjecture by the officer (or the prosecutor), that you must have had a level of .08 or higher is not viable evidence in a DWI case. But on the other hand, it’s equally likely that the driver was not legally intoxicated at the time of the traffic stop but still had alcohol in his or her stomach that had yet to be processed into the system. In the ensuing hour before the BAC test, the blood absorbed the alcohol, and the driver’s BAC soared well over the level of legal intoxication.

It is also possible that the device used to measure your blood alcohol content may be improperly calibrated. These are sophisticated machines that must be in perfect working order if they are to be reliable. Sometimes, they are not properly maintained or calibrated. Or, unbeknownst to you at the time, the manufacturer of the device might have issued a bulletin suggesting different calibration factors that the officer did not heed properly which could force the judge to throw out the results. So just because the device gives a positive (as in you are drunk) the status of the device can be called into question. It doesn’t happen a lot. But it does happen with a certain amount of frequency.

If your BAC test was taken too long after you were pulled over to maintain its accuracy, then a savvy and experienced Northwest Dallas County DWI attorney will make sure that evidence, if not excluded from your trial, is just the same as if it was illegally taken without your consent.

Texas DWI Testing Procedures

If the state relied solely upon blood tests, then BAC evidence would be far more reliable. Not only are blood tests more accurate, they also allow for the blood sample to be stored cryonically and later re-tested in the event there is still a question about the validity of the sample. Unfortunately, blood tests cannot be given by the side of the road; thus creating a delay before they can be administered, which calls into further question the accuracy of the tests. Breathalyzers may not be as accurate at blood tests, but they can be given in the field. This makes the breathalyzer the most popular BAC test used by Texas law enforcement officers.

Using an infrared light absorption method, one such device, the Intoxilyzer 5000, is the go-to breathalyzer for law enforcement officers in Dallas County. However, this machine is only slightly more advanced than an Intellivision (an older breathalyzer device), as the latter utilizes 30-year-old technology. And though there are plenty of the older Intellivision devices still in-use, it comes as no surprise that over the years, there have been enduring concerns about its accuracy.

But the newer Intoxilyzer 5000 has also been known to mistake other substances commonly found in the breath for alcohol. Certain types of breath mints have been known to return a false-positive. However, that’s fairly rare. A much more glaring problem comes from the method by which this device measures alcohol in the blood, basing all of its calculations on a ratio of alcohol in the breath compared to the blood that is normal for an average human being: 2100 parts of alcohol in the breath for every one in the blood. But on the other hand, it’s possible for someone to have a breath/blood ratio as high as 3100/1, who would have a blood test score well below his or her actual BAC level (as low as 1100/1). The accuracy of breathalyzer tests can also be thrown off by extremes in lung capacity, blood composition, height, weight, or muscle mass, since alcohol progresses from the stomach to a person’s body fat, if there is enough to store it.

Making fears of inaccuracy with the Intoxilyzer 5000 even more disconcerting is the fact that only law enforcement officers may test the devices. But the device’s manufacturer refuses to guarantee its findings unless the devices are used by approved, trained technicians. So it’s a case of “maybe” the results prove intoxication, but there might not be a clearly-defined testing procedure to back-up all results.

What’s truly frustrating about the Intoxilyzer is that it has the capacity for much more reliable testing if the Texas Department of Public Safety would change its policies. The Intoxilyzer can store breath samples, which could then later be tested with a much more reliable gas chromatographer. That would makes breathalyzer testing virtually foolproof. However, the current state intoxication laws do not require the DPS to confirm Intoxilyzer results with a second test through gas chromatographer, nor is the breath sample saved. What would happen if they did? Drivers who failed a breathalyzer test might discover those tests were incorrect, allowing them to go free. It doesn’t take a genius to understand the DPS’ (and by association, all law enforcements’) motivation. They are clearly appear to be more concerned with getting convictions than establishing true justice.

Even law enforcement officers are aware that all of these problems often call the accuracy of the Intoxilyzer 5000 into question. If you are facing DWI charges and you failed a breathalyzer test, you can’t automatically assume you’re going to be found guilty. If you suspect the results of your BAC test were inaccurate, then contact Grossman Law Offices and one of our Las Colinas and Coppell DWI attorneys will listen to your story and assess your situation.

Living with a DWI Conviction: the Experience is Truly Life-Altering

A lot happens to you once you’ve been found guilty of DWI. You will be dealing with all of the negative outcroppings of your crime. Depending on your circumstances, the level of all the penalties below will be an embarrassing inconvenience and cost you a great deal of money: several thousand dollars – even for a first-time offender – over a period of several years. Be also prepared to give-up a fair amount of your free-time for the foreseeable future, in addition to bearing the many other humbling experiences designed to “encourage” you to never make the mistake of drinking and driving again. If this is not a new experience for you, the retribution will be even more-harsh, expensive, embarrassing (and likely incarcerating). Your life will change. Even then, an experienced Irving, Las Colinas, Coppell or Valley Ranch DWI attorney can mitigate many of these “for-the-worse“ changes in your life. But we’ll tell you like it is. No attorney can wave a magic wand and make a DWI charge go away. If any attorney tells you this, BE ON YOUR GUARD!

Getting your Drivers License Back Through an ALR Hearing after a DWI

As we’ve said, once you have refused to take a breathalyzer test, your driver’s license will be instantly revoked by the arresting officer. After taking your license, the officer will issue a provisional license that lasts for the next 40 days. But you will have an opportunity to fight the license revocation before your trial. Once the municipality in which you are arrested, or the DPS, has contacted you to inform you of your license suspension, you have 15 days to request a Administrative License Revocation (ALR) hearing, in which your attorney can present evidence to try to get the revocation overturned. If you do not file such a request within the prescribed 15 days, then you waive your right to such a hearing.

In most cases, the court will not be able to schedule your ALR hearing within the 40 days you have been allotted on the provisional driver’s license, for the Dallas County courts are fairly clogged. Don’t worry, your provisional license extends until the date of the ALR hearing if there is a delay. Should you lose your ALR hearing, you can appeal, but you must do so within the next 30 days, or you waive this right as well. By submitting an appeal, your provisional license is good for another 90 days. If you win the ALR hearing or your subsequent DWI trial, then the suspension is immediately ended and your license returned.

Occupational Driver's Licenses

If you are convicted of a DWI, then your license is going to be suspended regardless of what happens with your ALR hearing. However, everybody needs to get to work, do the shopping, and take the kids to school. And DART (if you can get to the Buckner Station) is far less than adequate for most people. But the state of Texas allows anyone who has had his or her driver’s license revoked due to a DWI to apply for an Occupational Driver’s License (ODL). Having an ODL is better than taking the bus, but it’s a lot more expensive. The Cities of Coppell or Irving will charge a fee to apply for the ODL; which can cost between $500 and $1,000. Once you have an ODL, you must maintain a trip log that proves you have complied with the conditions of the license and keep track of all of the details of your journey every time you get behind the wheel: date, intended destination, time you left, time you returned, purpose of the trip, and miles driven. But Dallas County can ask to review your trip logs at any time and match your records up with your odometer reading.

Your lawyer will need to draw up a special petition detailing the crime you committed, the type of license you need, and every purpose for which you will need to travel in order to convince the court to grant the ODL. While not as complicated as trying a case, applying for an ODL requires familiarity with the procedure. Otherwise, you risk alienating the judge if you don’t have an attorney representing you. And you have enough problems on your plate right now. So you shouldn’t have additionally worry about how you’re going to get around. At Grossman Law Offices, our Northwest Dallas County DWI lawyers can relieve you of this procedural worry. We can put you back behind the wheel by making sure you get an occupational driver’s license. If you’ve lost your license due to a DWI, then call us now.

Driver’s License Surcharges

The above punishments aren’t the end of your ordeal. If you are convicted of DWI, in order to reinstate your driver’s license once your suspension period ends, you must pay yet another fine: it’s actually called a surcharge but it really is a “piling-on” fine. After a first DWI conviction in which the driver’s BAC was less than .16 percent, an annual surcharge of $1,000 for three years must be paid to retain the driver’s license. This surcharges rises to $2,000 annually for three years if the driver’s BAC was higher than .16 percent. Not only does a second DWI conviction carry an annual three-year surcharge of $1,500, and a third DWI a surcharge of $2,000, but these all double if the BAC was higher than .16 percent. Moreover, if the terms of your surcharges overlap with other offenses, then you are expected to pay all of the fines simultaneously. In other words, after two DWI convictions in which your BAC was .16 or higher, you could be looking at surcharges of up to $5,000 per year to retain your driver’s license if you have more than one conviction. These surcharges are just another way of discouraging you of becoming a repeat DWI offender.

Community Supervision

No matter how much time the maximum sentence might threaten, most people convicted of DWI offenses only receive probation. The exceptions are intoxication assault and intoxication manslaughter which have mandatory minimum sentences of 30 and 120 days, respectively (and intoxication assault with a deadly weapon for which probation is also forbidden).

Granted, probation is a massive step up from prison, but it’s nothing to look forward to either. You will be assigned a certain amount of time during which your behavior will be supervised by a community-appointed probation officer, and you will be expected to meet a number of conditions set forth by the court. You will definitely be required to pay a $50 supervisory fee every month. In Dallas County, your probation officer typically requires you to report to his office monthly where you’ll likely pay the monthly fee. However, in other jurisdictions, probation officers may allow bi-monthly in-person reporting or (the rarely-awarded but highly-prized) non-reporting probation. In months you don’t report in person, you merely need to mail in a form attesting that you have complied with the conditions of your probation plus your check. The other conditions of your probation will likely contain: adhering to the law, refraining from alcohol, paying all court fees and fines, attending any required alcohol education classes and working a certain number of community service hours. So be prepared to make new friends while you pick up a lot of trash along the highway. Don’t forget to wave to your neighbors.

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While you won’t have to do so every month, Dallas County will likely expect you to take a few urine tests to confirm that you are abstaining from alcohol; usually when you report to the probation office. But if the probation office feels it’s appropriate, it can compel you to report for such testing anytime it wishes. If it has been proven that you have a history of drug and alcohol abuse, there is a greater chance your probation officer will want you to regularly pass drug and alcohol testing as well. Should you fail to meet any of the conditions, then your probation could be revoked, and you will be sent to county jail or prison for the remaining term of your sentence, depending on the crime you have been convicted of and the remaining balance of your term.

On first DWI convictions, your state of inebriation will not be legally-monitored prior to driving. But a second or third DWI conviction within 10 years or a first-time intoxication manslaughter or intoxication assault conviction (assuming you are given probation) will legally demand that an interlock device be installed on your vehicle’s ignition system. This system is monitored by a breathalyzer. The driver must blow into this mechanism: which immediately locks down the car if you it detects any trace of alcohol on your breath. When you fail an interlock test, your probation officer is then notified by the device. Even if you successfully start your car every time you blow into the interlock device, it’s still a huge and embarrassing pain in the tuckus – a constant reminder to you and any passengers of the breathalyzer test that led to your conviction.

In all likelihood, a DWI conviction will be part of your permanent record for the rest of your days. Very few DWI offenses can be expunged from an adult driver’s record, forcing him or her to carry that shame around for the rest of his or her life. In the rare instances where a DWI can be expunged from a criminal record, it cannot be removed from the driving record, leading to inflated insurances rates for at least the next 10 years.

The only smart move to make if you or a loved one has been charged with a DWI is to protect yourself with a Coppell and Irving DWI lawyer. At Grossman Law Offices, we’ve dealt with every kind of DWI case in the 20-plus years we’ve been practicing law in Dallas County. No matter how or why you were arrested, we’re going to know how (and how much) we can help you.

More on Texas Intoxication Assault and Manslaughter Charges

The negative stigma that accompanies intoxication assault and intoxication manslaughter is profound. So do charges of DWI with a minor in the vehicle. The penalties are harder for these crimes, and the court only needs to prove that the driver was legally drunk and harm was done; even if it was assumed. No malicious intent need be established. As we’ve told you, the punishments are very hard: two to ten years for intoxication assault, 20 years of intoxication manslaughter, and fines of up to $10,000 for each offense.

The well-known saying that “people who represent themselves in court have fools for clients” has never been truer than when a defendant represents himself when facing 20 years in jail and a fine of up to 10 grand in addition to all those surcharges and other fees. Only a local DWI attorney who has experience and familiarity with both with DWI laws and Dallas County court procedures, judges and prosecutors can devise and execute a defense strategy that will give you the most likely chance of achieving the best possible end to your case. At Grossman Law Offices, we’ve helped others accused of drunken driving in Dallas County and the entire Metroplex. And the odds are that we can help you reduce the harmful impact of your DWI arrest, as well.

The Differences between Public Intoxication and DWI

Let’s start at the beginning. It is illegal to be drunk in public anywhere in Texas, even if it’s in your own front yard or driveway.

But don’t make the mistake of confusing DWI with the far less pejorative crime of public intoxication (PI). As a matter of fact, Texas law defines the word, “intoxication” differently in terms of DWI and PI. As we’ve explained, DWI laws define intoxication as when someone is over a BAC of .08 percent or has lost “normal mental and physical ability.” However, for someone to be arrested for PI, he or she must simply be viewed to be so drunk as to be a danger to him or herself, or others. And history has shown that public intoxication is based on subjective observation by a police officer more than any of the tests they use to determine intoxication for the purposes of a DWI case. Sometimes Public Intoxication is used as an excuse for an officer to arrest someone due precisely to the nefarious subjectivity surrounding the charges.

Earlier in this article, we discussed the established procedures for compiling evidence against a drunken driver and how most police officers religiously adhere to the rules of their department. Conversely, for someone to be arrested for PI, a police officer merely has to make a judgment-call that the person presents a hazard to him or herself and others.

Moreover, PI differs from DWI in the punishment. People who are intoxicated in public create far less of a hazard than somebody who is drunk and piloting a 3,500-pound missile that’s cruising down the highway at 70 mph. This is why public intoxication is only a Class C misdemeanor, and brings a fine of $500 and no jail time (unless you can’t afford to pay the $500). If you’ve only been charged with public intoxication, then you don’t need a lawyer. Just show up to court as directed, and pay the fine.

If you are facing any type of a DWI charge, that’s a wholly different kettle of fish and you are going to need the help of a seasoned and skilled Irving and Coppell DWI attorney to help get an acquittal or at least limit the severity of your penalty.

Texas DWI & Child Endangerment

Children have to go where their parents take them without complaint. So, the State of Texas has created DWI laws intended to protect children who cannot protect themselves. This is why the State has enacted a charge of DWI with a minor in a vehicle, making it a crime of child endangerment. Its purpose is to take a clear, strong stance against people driving drunk with children in the car by punishing the offense worse than a standard DWI. A DWI with a minor in the vehicle is punishable by up to two years in jail and a fine of up to $10,000, as it’s classified as a felony. However, that’s only the tip of the iceberg for single parents. Should you get a DWI with a minor, then you stand a very strong chance of losing custody of your children to your ex-spouse or the state (which means foster care for your children). Someone suspected of DWI with a minor in the vehicle stands a much greater chance of being arrested without a BAC test, since police officers will err on the side of caution to protect a child. Plus, once you have served your time in jail, you will then have to go through the arduous process of getting your children back. And that begins with clearly proving to Texas Child Protective Services (and a family court magistrate) that you are fully rehabilitated and deserve to have your children returned to you.

You simply can’t put the fate of your family in the hands of an inexperienced attorney or your own layperson’s understanding of the state’s complicated DWI laws. If you are facing a charge of DWI with a minor in the vehicle, you can’t go into court with anything less than the best Dallas County DWI attorney you can find on your side. You’re not just fighting to stay out of prison or dodging hefty fines. You’re literally fighting to keep your family together. You need a clever and trial-tested attorney who knows how to question judgment and exaggerations of the arresting officer and the validity of BAC test. At Grossman Law Offices, we’ve helped many parents who were pulled over with the kids in the car after having one too many drinks at dinner, so we know how to convince the court that your children were in no danger when you were stopped. If you try to save money by going with a cheap attorney or no representation at all, then you could only end up losing your children, and spend countless hours (and dollars) trying to get them back once you serve your jail sentence.

Minors Under 21 DWI & DUI

The laws regarding driving with alcohol in your system change entirely if you are below the age of 21: the established drinking age in Texas. Nobody under that age can operate any type of motor vehicle with any amount of alcohol in his or her system. For most other purposes in the United States, 18 is considered the age at which a person becomes an adult, but for drunken driving laws, a minor is anyone under the age of 21. A minor who gets behind the wheel with any alcohol at all in his or her system has committed the offense of Driving Under the Influence (DUI) of alcohol.

When it comes to rights, minors can refuse to take a field sobriety test or a breathalyzer just as if they are adults, but they will see some of the same consequences as people who are over 21. When a minor is convicted of a DUI after refusing a breathalyzer, his or her driver’s license is revoked for 120 days. Upon a second DUI conviction after a refused BAC test, the minor’s driver’s license is revoked for 240 days; double that of a first-offender.

But on the other hand, minors who are convicted of a first-time DUI after failing a breathalyzer test only receive a 60-day suspension of his or her driver’s license. However, a second DUI as a result of a failed breathalyzer leads to a driver’s license suspension of one year. Despite what most teenagers think, driving is a privilege, not a right. It’s the same way for adults too, we hasten to add. Moreover, if the court decides a minor is a severe alcoholic who compulsively drinks, then they can revoke his or her driver’s license until they turn 21. Additionally, in cases when drugs are a problem with a teen who repeatedly runs into trouble with DWI and DUI laws, the court can order rehabilitation and in some cases, incarceration in a juvenile detention facility for periods ranging from a few months until the chronic-offending teenager’s 18th birthday; depending on the nature of the offense and the teenager’s condition.

In addition, teens that drink and drive can face DWI charges in addition to DUI charges, if their BAC exceeds .08 percent. When a minor between 17 and 20 years-old is convicted of DWI, then he or she could be facing a maximum jail sentence of 180 days just like any other adult who is found guilty of DWI. Anyone under 17 could face the prospect of juvenile detention. And it is not unusual for 17 year old DWI felons who kill someone to begin serving their sentences in juvenile detention facilities until they turn 18 and then transferred to the Texas Department of Corrections to serve-out the rest of their sentence.

• First-time Minor DUI - While your teenage son might try to tell his friends differently, a first-time DUI is nothing to brag about. While not accompanied by jail time, it’s a Class C misdemeanor punishable with 20-40 hours of community service and mandatory attendance of an alcohol awareness class that makes your grandparents’ speeches about life in the 1950’s sound like a tiptoe through the tulips. There is one small positive to a first DUI conviction, but only in comparison to all other drunken driving offenses. A first DUI can be deferred adjudicated and expunged from the record upon the driver’s 21st birthday provided all of the conditions of the probation are met.
• Second-time Minor DUI - There are only two slight differences between a first and a second DUI conviction. Second DUI offenses cannot be expunged from the record (although the offender is still eligible for deferred adjudication) and 60 hours of community service must be completed.
• Third-time Minor DUI - This was recently upgraded to a Class B misdemeanor. A third DUI also disallows deferred adjudication. But more noteworthy, anyone 17 or older can receive a fine of between $500 and $2,000, and a maximum sentence of 180 days in jail. However, probation is a strong possibility but is predicated on the facts of the case and if the court is convinced that this third-time teenaged offender is indeed repentant and that probation is an effective remedy.

Let’s face it: you wouldn’t be reading this right now if you or your son or daughter hadn’t already done something that you regret. If you decide to handle your own case or hire a novice lawyer, you will only be adding to your family’s troubles. Help yourself secure the best viable resolution to your case by calling a crafty and cagey Valley Ranch and Las Colinas DWI attorney like those at Grossman Law Offices.

Your Rights When You are Arrested for a DWI

Regardless of who you are, your legal rights must be protected when you are accused of a DWI. Remember, you can decline to take any field sobriety or BAC test, but the state then has the right to immediately suspend your driver’s license if you refuse. This might not seem fair. But like your teenaged son or daughter, you must remember that driving is a privilege and not a right.

Also, for many years suspected drunken drivers dodged justice because they could refuse to take a breathalyzer test and until a few years ago, there was nothing that law enforcement or the court system could do about it. The state’s position is that only a guilty person would avoid a test that could clear his or her name. But there are exceptions to every rule (and opinion). But that doesn’t mean that the state still can’t arbitrarily yank your driver’s license for two years for refusing a breathalyzer test if you have been convicted of a previous DWI in the last 10 years. It can also use the declined BAC test as evidence against you in court. When you are suspected of intoxication assault or manslaughter, then your rights are limited even further, and your blood can be taken without your consent. Sometimes it’s hard to not believe that the prosecution’s real position is “guilty until proven innocent,” rather than the other way around which is the true rule of law; according to the Constitution.

In order to encourage people to take breathalyzers, the driver’s license suspension is only 90 days when you willingly take and then fail the breathalyzer test. Also, you should remember that everything you do or say is being recorded by the camera in the officer’s cruiser (or the minicam on his or her shoulder, which we are seeing more and more of every day).

While you’re pulled over on the side of road and trying to remain calm as the police officer is walking toward your window, you can’t try to squeeze in a call to your lawyer. The only time you have “the right to an attorney” is when you’ve been charged and are being interrogated about a criminal offense. Routine traffic stops prior to arrest do not apply. However, like you’ve seen on the cop shows, you do have the “right to remain silent.” You don’t have to volunteer any information, and you can remain absolutely silent as the police officer asks you questions. However, this won’t get you out of being arrested. And while it might limit the amount of evidence the officer can collect, it could possibly result in your facing an obstruction of justice charge as well. Even if it’s dismissed later, it helps make a better initial case for the prosecution.

Grossman Law Offices Can Help

At Grossman Law Offices, our Irving, Coppell, Las Colinas and Valley Ranch DWI attorneys have been handling criminal and civil DWI cases in Dallas County for over 20 years. Through all of that experience we’ve learned the ins and outs of DWI law, prosecutorial behavior and court procedure in Dallas County. We don’t know the facts of your case right now, and would never tell you to expect to be exonerated even if we could. But we can guarantee this. We will devote our full attention and resources to delivering the best possible result to your case that the circumstances warrant.

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We can help, regardless of the circumstances surrounding your DWI arrest. If you’re a minor who got stopped by a cop after just a beer, or if you’re a mother of four who had a couple too many glasses of wine at a company function and then got pulled over after picking up the kids at the babysitters. If you’re an adult woman who had a BAC of .19 percent when you injured another driver in a wreck, or if you refused a breathalyzer test and don’t know what will happen next, you have legal rights and options. And much as police, prosecutors, and the general public might want to have you flogged in the town square because DWI is the popular “cause du-jour,” your rights must be protected.

Those who retain us get our very best effort and legal representation. After over 20 years dealing with DWI cases, we can help you no matter what the details of your case may be. This is your opportunity to benefit from our expertise and familiarity with the Dallas County courts. To discuss your situation with one of our DWI experts, call us now for a free consultation at 1-855-427-0000 (toll free).

If you prefer, you can send us an email by filling out the contact form at the top of this page. You’ll be replied-to quickly. And the moment we begin speaking, rest easy. Whether you decide to hire us or not, all consultations are completely confidential. Tell us what happened and ask all the questions you need to make your best and most informed decision. We’ll share your legal options, explain how we best protect your legal rights and the most practical strategy that will produce the best outcome possible for you and your family.